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People’s judges are of great importance and contribution to the judicial system. However, they also often face a variety of challenges and criticisms in the course of their duties. They are a kind of guardians of justice. Even though they do not have a legal background, they can adjudicate court cases in the country. While some have an incredible sense of justice, others can spot a lie a mile away. Their combination ensures that no crime goes unnoticed and no guilty person escapes justice.
Who is a judge of the people or a judge of the court?
Judicial magistrates are lay people in robes who attend court hearings as members of panels of judges. The panel consists of one professional judge (the presiding judge) and two jurors, who have the same voting rights as the judge and can even outvote the judge. The presiding judges take part in the hearings of criminal proceedings in the district and regional courts, in the first instance. Until now, they have dealt with crimes with penalties of five years or more, but under an amendment to the law being discussed during 2024 , they would sit only on crimes with penalties of ten years or more. In civil proceedings, panels with presiding judges only hear labor cases in district courts. However, there are currently plans to limit the participation of juries to only the most serious crimes in county courts, which has sparked controversy.
What is the role of the people’s judge in the judicial process
People’s judges are involved in adjudicating criminal trials and labour disputes. They have an equal voice and can override a professional judge. They bring a lay perspective that can be particularly useful in assessing value issues and social aspects of some cases. Lay judges can ask questions of witnesses and look at court records. This allows them to take an active role in the process and gain a comprehensive perspective.
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Criticism and discussed changes in the people’s judges
This year (2024) the government is debating amendments to the Courts and Judges Act. There are only less than 5,500 registered judges in the Czech Republic. It will abolish some of the existing judges. According to the new rules, the people’s judges will no longer participate in labour and civil disputes and hearings in district courts.
The role of the two lay judges will be limited to county courts and serious crimes with a minimum ten-year cap. This means that the lay judges will co-adjudicate murder, major robberies, rape or manslaughter. The exception is the murder of a newborn child by the mother, which does not fall under particularly serious crimes, but nevertheless the people’s judges will also participate. On the other hand, property and economic crimes will fall out of their current remit.
The people’s judges face criticism that their participation may slow down the court proceedings. If even a single presiding judge is absent, the trial cannot take place. At the same time, critics often argue that the people’s judges do not reflect public opinion, that their presence is of little benefit, or that they are not sufficiently active and motivated. Libor Vávra of the Judges’ Union welcomes the limitation of the judges: ‘More and more often, the judges are retired pensioners, so they do not represent the average of the public. In addition, they often do not have time, because of this, hearings have to be repeated or are prolonged,” he told irozhlas.
The amendment to the law is based on an anti-bureaucratic package and, in addition to speeding up court proceedings, is also intended to reduce the administrative burden on courts and financial costs. What is the difference between a professional judge and a judge from the people?
A professional judge and a people’s judge differ in several key aspects:
Professional Judge
- Education: must have a law degree and pass a professional exam.
- Tenure: Professional judges are appointed through a competitive process and have a permanent mandate.
- Accountability: Professional judges are accountable for their decisions and can be disciplined for breach of duty or unethical behaviour.
- Decision-making: They are guided by legal standards and principles of fairness, and make decisions impartially and within reasonable time limits.
Judges of the people (magistrates)
- Education: A people’s judge does not need to have a law degree. They are selected from the general public.
- Functions: They participate in hearings as members of the panel with an equal vote. Their term of office is four years.
- Accountability: They do not have the same level of accountability as professional judges and their decisions may be influenced by personal opinions.
- Decision-making: They are involved in deciding guilt and punishment, questioning witnesses and looking at files. They bring a lay perspective to the judicial process.
The combination of a professional judge and a lay judge aims to ensure that decisions are not only legally correct but also fair and reflect the values of society.
Who can serve as a lay judge?
The function of a lay judge is enshrined in the Czech legal framework and legislation, in particular in Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts. The Law on Courts and Judges stipulates that court judges take part in court proceedings and have an equal voice with professional judges. The role of the judicial magistrates is to bring a lay perspective and make decisions based on their sense of justice.
The candidate must be a citizen of the country, over 30 years of age, of good character and with a clean criminal record. The role of a juror is considered an honorary position. It gives citizens the right to participate directly in the administration of public affairs. Chairpersons are elected by municipal councils for a term of four years. The candidate must be registered as a resident of the municipality whose councillors elect him/her or work in that municipality. The chairpersons should not sit more than 20 days a year. The office of presiding judge is incompatible with the office of senator, deputy or president.
